General Terms and Conditions of Business

For contracts that have been concluded since October 12, 2023, the following General Terms and Conditions (GTC) apply. The General Terms and Conditions for contracts concluded before October 12, 2022 can be found here.


PREAMBLE

Zattoo refers to the objective services or Zattoo AG. You can find more information in the imprint. Zattoo is one of the


Zattoo AG

Baslerstrasse 60

CH-8048 Zurich

Phone: +41 43 500 21 00

Email: info@zattoo.com

Commercial Register No. CHE-109.852.725

Commercial Register Office of the Canton of Zurich


operated online platform on which various services, in particular for streaming TV channels, are offered. The services are accessible via various devices, e.g., web browsers (e.g., via www.zattoo.com) and (mobile) applications (apps), especially apps for mobile devices, smart TVs and set-top boxes or streaming boxes, or other applications (software such as the Zattoo player). The services can be ad-financed and free of charge or fully or partially chargeable, depending on factors such as region, resolution and end device. The charges incurred from a service are explicitly stated, if applicable. The scope of available services may vary regionally; that is, some TV channels available for one country may not be available for other countries. By registering as a user with Zattoo, you accept the following GTC for the use of Zattoo. These GTC apply to Zattoo users residing in Germany.


1. REGISTRATION AND SCOPE OF USE

1.1 Zattoo's offer is aimed at people aged 16 and above; only these are allowed to register.


1.2 Registration with Zattoo is done by providing the user's email address, gender and date of birth and by defining a password. By clicking the "Register" button, the user finally submits a binding offer to conclude a contract to register with Zattoo, no contract is concluded yet. Alternatively, the user can also register by logging into his Facebook, Google or Amazon account, completing the gender as well as the date of birth. Logging into the Facebook, Google or Amazon account does not constitute a contract with, but the user makes an offer to enter into a contract for registration with Zattoo. The user warrants that all data submitted for registration are true and complete.


1.3 Zattoo will immediately confirm receipt of the registration request to the user electronically. With this confirmation of receipt, Zattoo accepts the user's offer. Zattoo only reaches a contractual relationship with the user upon such acceptance of the registration.


1.4 The contract is concluded in German. Zattoo does not save the text of the contract and sends the user the order data, these GTC and the cancellation policy together with the model cancellation form by email.


1.5 Zattoo is only made available to the user for personal and non-commercial use. A transfer of the user account to third parties is not permitted.


1.6 By registering with Zattoo, the user is provided with the services under the "Zattoo Free" offer free of charge. The use of more extensive services may be subject to a fee. The scope of available services may vary regionally; that is, certain TV channels that are available in Germany may not be available in other countries. Channels available in Germany will remain available in the event of the conclusion of a paid subscription if the user is only temporarily staying in another EU country.


In addition, the availability of services may depend on the end device or the respective Internet access, for example, certain TV channels, which may vary regionally, cannot be accessed via mobile communications. Details can be found in the respective offer description.


1.7 A service can generally be used on all end devices supported by Zattoo. Restrictions, in particular technical restrictions, can be found in the respective offer description.


2. PAID SERVICES

2.1 The fee payable for the use of a chargeable service can be found in the respective offer description. The scope of services and any restrictions can also be found there.


2.2 The payment of the fee only entitles the user to access the services that are available in the country indicated in the offer description by means of the devices provided for this purpose. Zattoo provides an overview of the available paid services, their scope of services, terms and fees including VAT.


2.3 To be able to order a paid offer from Zattoo, the user must be registered with Zattoo (see Sections 1.2 and 1.3) and logged in to his account. The user selects the desired offer and presses the "Next" button. Then the user selects the desired payment method. By clicking the button "Order now", the user finally submits a binding offer to conclude a contract, no contract is concluded yet.


2.4 Zattoo will immediately confirm receipt of the order to the user electronically. With this confirmation of receipt, Zattoo accepts user's offer. Zattoo only reaches a contractual relationship with the user upon acceptance of the purchase.


2.5 Fees are due for the entire term. The payment systems listed in the offer description, especially credit cards and PayPal, are accepted. Payment is usually collected by the service provider commissioned for the payment process. Insofar as the commissioned service provider includes its own general terms and conditions in individual cases, these shall apply exclusively to payment processing. If required, the user must have a user account with the Service Provider. If payment cannot be charged, the user shall bear all costs incurred as a result, insofar as he is responsible for the event causing the costs. Zattoo may send invoices to User by email.


2.6 The provider of the packages for international TV channels is Polytel International GmbH, Esplanade 41, 22041 Hamburg as a cooperation partner of Zattoo. Zattoo only allows the user to access these services as a platform provider.


2.7 Simultaneous use of paid services on multiple devices is not permitted unless such use is expressly permitted within the scope of the respective offer description.


2.8 If the user fails to pay any fees or if any payments made are charged back, Zattoo is entitled to block access to any or all of Zattoo's services.


2.9 The contract is concluded in German. Zattoo does not save the text of the contract and sends user the order data by email.


3. TIME-LIMITED TRIAL OFFERS

Zattoo may offer paid services to users free of charge for a period of time (“Trial Offer”). It is at Zattoo's sole discretion to determine which user may participate in a trial offer.


Zattoo may terminate the provision of a trial offer at any time or change the scope of services of the trial offer. Zattoo may require the user to provide their payment information at the beginning of the trial offer. Zattoo may charge the user after the end of the trial offer with the fees incurred for the subsequent chargeable continued use of the respective service. The user will be informed of this in the offer description and must agree to it. The user is free to cancel the trial offer up to 48 hours before the end of the trial period.


Otherwise, the trial offer will be converted into paid services.


4. CANCELLATION POLICY

If you are a consumer within the meaning of § 13 BGB, the following right of cancellation applies to you.


Right of cancellation

You have the right to cancel this contract within fourteen days without specifying any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of cancellation, you must inform us (Zattoo AG, Baslerstrasse 60, CH-8048 Zurich, Switzerland, Phone: +41 43 500 21 00, Email: legal@zattoo.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached sample of cancellation form for this purpose, but it is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notice about your intent to exercise your right of revocation before the expiry of the defined revocation period.


Consequences of cancellation

If you choose to cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from selecting a type of delivery method different from the most cost-efficient standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification

of your withdrawal from this contract. If you received monetary benefits from us or one of our cooperation partners upon conclusion of the contract (for example, in


the form of a discounted order of hardware) and you have taken advantage of these benefits, we will either reclaim the value of this benefit in the event of cancellation or deduct it from the amount to be repaid before repayment. We will use the same payment method you provided for the original transaction for the reimbursement, unless expressly agreed otherwise with you; in no case will you be charged for this reimbursement.


End of cancellation policy


Sample cancellation form (In order to cancel the contract, this form must be filled out and returned.)


To


Zattoo AG Baslerstrasse 60 CH-8048 Zurich Switzerland

Email: legal@zattoo.com


  • I/We (*) hereby give notice of cancellation from my/our order of the following goods (*)/ provision of the following service (*)

  • ordered on (*)/received on (*)

  • Consumer name

  • Consumer address

  • Consumer signature (only required for notices provided by post or fax)

  • Date

(*) delete where inapplicable.


5. USER OBLIGATIONS

5.1 The user is not permitted to make the access data used in the course of his registration accessible to third parties or to pass it on to third parties.


5.2 Zattoo uses technical measures to restrict the services regionally (geo-filtering). The user undertakes not to circumvent the technical measures used by Zattoo for this purpose. Concurrently, the user undertakes not to circumvent access control systems to paid content and/or to take other measures to use Zattoo or content on Zattoo without authorization.


5.3 The user undertakes not to post or distribute any content on Zattoo that violates legal regulations, official orders or is immoral. No content may be posted or distributed that violates the rights of third parties. The same applies to pornographic or adolescent content, propaganda material of anti-constitutional organizations and parties.


5.4 The user may only use Zattoo for his own private purposes. In particular, the user may not allow third parties to access or use the services, e.g. an indefinite group of people by using the services in public areas, such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces. Receiving or redistributing the content as well as using the services in such spaces may violate the rights of third parties, in particular copyrights. Such violations can be prosecuted and lead to an extraordinary termination of the contract.


5.5 The user is not entitled to remove or obscure any copyright notices and/or notices regarding trademarks or other proprietary rights of Zattoo, companies affiliated with Zattoo or third parties.


5.6 The use of Zattoo may be reserved for persons who meet certain requirements (e.g. minimum age). The user is responsible for ensuring that the services are only available to persons who meet the requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from media content harmful to minors.


6. SPECIAL SERVICES

6.1 If the user accesses the Services via an app, in particular for a cell phone, tablet PC, smart TV, set-top box or streaming box, and has downloaded the app from the app store of a third party, i.e. regularly the manufacturer of the operating system of the device (the Apple App Store for iPhone and iPad, the Google Play Store for Android devices or another app store), the terms and conditions of the respective app store shall apply additionally. In the event of any contradictions, these general terms and conditions of the respective app store shall take precedence.


6.2 The individual steps of booking paid services can be found in the descriptions within the app and/or in the app store of the third party.


6.3 In the case of apps, the provider of the respective app store can influence the available paid services, or their term or extension. Depending on the respective app store, paid services may expire at the end of the agreed term without requiring termination, or the respective contract term may be extended by a corresponding period or indefinitely. Details can be found in the respective offer description or the terms and conditions of the app store. In some cases, the app stores also offer options for terminating paid services, for example, via a menu item in the app store.


6.4 The payment systems shown when creating the quotes are accepted, which are usually operated by corresponding service providers. In particular, these can also be payment systems offered by the operators of the respective app store. Insofar as the respective service provider includes its own general terms and conditions in individual cases, these shall apply exclusively to the payment processing. If required, the user must have a user account with the Service Provider.


6.5 The app is a copyrighted software program. The user receives a simple, non-exclusive, non-transferable and revocable right to personal use. The user is not authorized to decompile, change or edit the app beyond the extent required by law. The user is also prohibited from leasing, renting or otherwise transferring the app and/or its content.


6.6 When using the app and its contents, the user must take into account contractual agreements with third parties, in particular with the app store operator or its Internet access provider.


6.7 When downloading and using the app, especially in third-party networks or abroad, the user may incur transmission costs from his Internet access provider.


7. ADVERTISING

Zattoo may use advertising media, e.g. when starting the service or switching to a TV channel. Such advertising can be targeted based on the information provided by the user and his use of the services, to the extent permitted by law.


8. DATA PROTECTION

Details on the processing and protection of the user's personal data by Zattoo can be found herein Zattoo's privacy policy.


9. LIABILITY FOR DEFECTS, LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 The Services offered by Zattoo are digital products within the scope of § 327 (1) S. 1 BGB. In this respect, the user is entitled to Zattoo's statutory warranty claims for defects in the services of Zattoo. For any claims for damages by the user due to defects, the limitation of liability of Section 9.2 applies.


9.2 Zattoo shall only be limited to the following provisions: Zattoo shall be liable without limitation for damages caused by Zattoo or by its legal representatives, executives or ordinary vicarious agents intentionally or by gross negligence. Zattoo is not liable in cases of slightly negligent breach of only minor contractual obligations. With regard to the breach of contractual obligations (obligations whose compliance may be trusted by the contractual partner, or the fulfillment of which renders a correct execution of the contract in the first place), the liability of Zattoo for damages caused by slight negligence is limited to those damages, which must typically be expected to incur in the context of contractual relationship. This also applies to slightly negligent breaches of duty by Zattoo's legal representatives, executives or ordinary vicarious agents. The above limitation of liability does not apply in the case of fraudulent intent, injury to life, body and health, for breach of warranty and for claims arising from product liability.


9.3 The user undertakes to indemnify Zattoo, its parent company, subsidiaries, affiliates, executives, directors, employees, agents, suppliers or vicarious agents against all claims by third parties asserted against any or all of the aforementioned persons in connection with the user's breaches of his obligations under these GTC and/or the laws applicable to him. The user will pay all reasonable costs incurred by Zattoo, including reasonable costs incurred for legal defense. The user is free to prove that Zattoo actually incurred lower costs. The above indemnification obligation of the user does not apply if the user is not responsible for the violations.


10. CONTRACT TERM, TERMINATION, REIMBURSEMENTS

10.1 Zattoo provides paid services with different terms. Unless otherwise stated in the respective offer description, the usage contract for the respective paid service shall initially run for the minimum usage period booked. Afterwards, the user agreement will be renewed for an indefinite period of time, unless terminated by the user or Zattoo more than 48 hours prior to the end of the minimum usage period with effect as of the end of such period. The user and Zattoo each have the right to terminate the extended usage contract at any time at the end of the current contract month. The termination of the paid service can be made in the user's account or by email to legal@zattoo.com, in case of termination by Zattoo to the email address provided by the user during registration. The right to extraordinary termination for cause remains unaffected.


10.2 If the subject of the user agreement is only free services, the user agreement can be terminated by both the user and Zattoo with a period of notice of fourteen days by email to the email address legal@zattoo.com or the email address provided by the user during registration.


10.3 For users who have booked Zattoo via a third-party provider, especially in app stores, the termination conditions of the respective third-party provider shall apply. More information about termination with a third-party provider can be found here.


10.4 A good cause for the extraordinary termination of the user contract exists if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Important reasons for Zattoo are, in particular, the following events: violation of applicable law by the user; violation of essential contractual obligations by the user. A prior warning is not necessary.


10.5 In the event of an extraordinary termination of the user agreement by Zattoo for cause as well as a termination by the user, the reimbursement of any fees paid is excluded, unless the user gives extraordinary notice of termination for cause within the sphere of Zattoo.


11. GENERAL PROVISIONS

11.1 The user is not authorized to transfer any rights or obligations arising from the contractual relationship to third parties. Zattoo is entitled to transfer the rights and obligations arising from the contractual relationship to a third party. Zattoo will inform the user in writing about the transfer. The user is entitled to an extraordinary right of termination at the time of the transfer of all rights and obligations to the third party. The termination notice must be received by Zattoo in writing within 14 days after receipt of the transfer notice by the user.


11.2 Zattoo reserves the right to change these GTC as far as the changes are reasonable for the user. Non-substantial changes, in particular those that serve to adapt these GTC to new technical developments, new legal regulations or new jurisprudence, or insofar as the change is necessary to reflect organizational changes, especially the order or payment process, are not reasonable. Further insignificant changes for equivalent reasons are also reserved. The change proposal will be communicated to the user by Zattoo in writing or by email. The changes will be considered approved if the user does not object to them in writing or by email. Zattoo will particularly point out this consequence in the notification letter. The objection of the user must be received by Zattoo within 6 weeks after receipt of the notice. If the user exercises his right of objection, the contract shall continue without the proposed changes to the GTC. Zattoo's right to terminate the contract remains unaffected. Significant changes to these GTC require the express consent of the user.


12. APPLICABLE LAW, DISPUTE RESOLUTION

12.1 These GTC are subject to German law.

12.2 Information pursuant to § 36 of the Consumer Dispute Resolution Act: Zattoo is neither obligated nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.


13. EFFECTIVENESS

This version of the GTC shall apply from October 12, 2023. This version replaces all previous versions of the GTC of Zattoo.


Version October 2023

© 2023, Zattoo